Ellison v. Phillips

Filing 23

ORDER DIRECTING CLERK TO MODIFY DOCKET AND DENYING 22 MOTION TO STAY. Signed by Chief Judge S. Thomas Anderson on 6/19/2020. (mbm)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
EASTERN DIVISION

CALVIN ELLISON,
Petitioner,
v.
BERT C. BOYD,
Respondent.

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Case No. 1:18-cv-01001-STA-jay

ORDER DIRECTING CLERK TO MODIFY DOCKET
AND
DENYING MOTION TO STAY
Petitioner, Calvin Ellison, has filed a document styled “Motion to Hold in Abeyance.”
(ECF No. 22.) Petitioner asks the Court to stay proceedings in this 28 U.S.C. § 2254 case “until
the State court rules upon the action.” (Id. at 1.) Although a federal court may, under certain
circumstances, stay a § 2254 case to allow a state prisoner to exhaust his unexhausted claims in
state court, see Rhines v. Weber, 544 U.S. 269, 277 (2005), Petitioner does not explain what
claims he is currently pursuing in that forum. The Court is therefore unable to determine if a
stay is warranted. The motion is DENIED. 1
IT IS SO ORDERED.
s/ S. Thomas Anderson
S. THOMAS ANDERSON
CHIEF UNITED STATES DISTRICT JUDGE
Date: June 19, 2020
1

The Clerk is DIRECTED to modify the docket to reflect Bert C. Boyd as Respondent. See
Rumsfeld v. Padilla, 542 U.S. 426, 434-35 (2004); Fed. R. Civ. P. 25(d).